HomeMy WebLinkAbout1998-144ORDINANCE NO q9 - I q q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTIO 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, by Ordinance No 95-126, the City Council granted the North Texas State Fair
Association a three-year exception from the requirements of Section 20-1(c)(2) of the Code of
Ordinances of the City of Denton, Texas ("Code") and that exception has expired, and
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, North Texas State Fair Association
has made lapplication to the City Council for an exception to the provision of that same section
restnctingl the operation of amplified loudspeakers after 10 00 p in, in connection with the North
Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State
Fairgrounds in Kunbrough Park, and in connection with said request, has requested the exception to
be granted on an ongoing basis for said annual event at said location for eleven days between
August 15, and August 31 of each year, and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, North Texas State Fair Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in connection with the North Texas State
Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds,
at times past the hours defined in §20-1(c)(2) of the Code, within the public interest and without
materially, disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that (granting an exception for this annual event on an ongoing basis for a three-year period,
subject to the restrictions contained herem, would serve the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That, pursuant to §20-1(c)(2) of the Code of Ordinances, North Texas State
Fair Association is hereby granted an exception to this section's 10 00 p in limitation upon the
operation of amplified loudspeakers, subject to the conditions listed below
1 Tlus exception is granted 9 y in connection with the operation of the North Texas
State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, for eleven days between August 15 and August 31 of each year
2 North Texas State Fair Association agrees to take full responsibility for ensuring
that the conditions of this exception are met, and to take all reasonable measures necessary
to iavoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event
3 North Texas State Fair Association agrees to cease using amplified loudspeakers
at 12:00 midnight Monday through Thursday, 1:00 am Friday and Saturday and
11:00 p.m. on Sunday
4 Under no circumstances shall the annual event employ the use of amplified
loudspeakers between the hours of 100 a in and 7 00 a in
5 This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of the
City of Denton, Texas, without any advance warning, hearing or compensation, for any
reason at all, or for no reason
6 This ordinance shall be strictly construed as an exception granted pursuant to §20-
1(c)(2) of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas
expressly reserves unto itself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any way unpede the pursuit of
such remedies by any person
SECTION II. That this ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded
PISSED AND APPROVED this the a46P day of 1998
04
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY q�
APPR VED TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY %WC� 16 f
F\eL-"gX''LGL\0w Da:uma006nmuwMM MU flir none--qfi-d-
JACK rIER, MAYOR
Page 2